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Compensation Act 2006

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5The RegulatorE+W

This section has no associated Explanatory Notes

(1)The Secretary of State may by order designate a person (“the Regulator”)—

(a)to authorise persons to provide regulated claims management services,

(b)to regulate the conduct of authorised persons, and

(c)to exercise such other functions as are conferred on the Regulator by or under this Part.

(2)The Secretary of State may designate a person only if satisfied that the person—

(a)is competent to perform the functions of the Regulator,

(b)will make arrangements to avoid any conflict of interest between the person's functions as Regulator and any other functions, and

(c)will promote the interests of persons using regulated claims management services (including, in particular, by—

(i)setting and monitoring standards of competence and professional conduct for persons providing regulated claims management services,

(ii)promoting good practice by persons providing regulated claims management services, in particular in relation to the provision of information about charges and other matters to persons using or considering using the services,

(iii)promoting practices likely to facilitate competition between different providers of regulated claims management services, and

(iv)ensuring that arrangements are made for the protection of persons using regulated claims management services (including arrangements for the handling of complaints about the conduct of authorised persons)).

(3)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The Regulator shall—

(a)comply with any directions given to him by the Secretary of State;

(b)have regard to any guidance given to him by the Secretary of State;

(c)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)try to meet any targets set for him by the Secretary of State;

(e)provide the Secretary of State with any report or information requested (but this paragraph does not require or permit disclosure of information in contravention of any other enactment).

(5)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The Secretary of State may pay grants to the Regulator (which may be on terms or conditions, including terms and conditions as to repayment with or without interest).

(7)A reference in this Part to the Regulator includes a reference to a person acting on behalf of the Regulator or with his authority.

(8)The Secretary of State may by order revoke a person's designation under subsection (1).

(9)While no person is designated under subsection (1) the Secretary of State shall exercise functions of the Regulator.

(10)The Secretary of State may by order transfer (whether for a period of time specified in the order or otherwise) a function of the Regulator to the Secretary of State.

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Amendments (Textual)

F1S. 5(3) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 187, 210, 211, Sch. 19 para. 3(4), Sch. 23 (with ss. 29, 192, 193) (as amended by 2009 c. 25, Sch. 21 para. 97, Sch. 23 Pt. 9); S.I. 2009/3250, {art. 2(i)(xii) (with arts. 6, 9)}

F2S. 5(4)(c) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 187, 210, 211, Sch. 19 para. 3(5)(b), Sch. 23 (with ss. 29, 192, 193) (as amended by 2009 c. 25, Sch. 21 para. 97, Sch. 23 Pt. 9); S.I. 2009/3250, {art. 2(i)(xii) (with arts. 6, 9)}

F3S. 5(5) repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 210, 211, Sch. 23 (with ss. 29, 192, 193) (as amended by 2009 c. 25, Sch. 21 para. 97, Sch. 23 Pt. 9); S.I. 2009/3250, {art. 2(i)(xii) (with arts. 6, 9)}

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